95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1147

 

Introduced , by Rep. Charles E. Jefferson

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/612   from Ch. 48, par. 442

    Deletes existing provisions of the Unemployment Insurance Act regarding the eligibility of certain academic and other personnel between academic years and during vacation periods. Inserts language providing that an individual is ineligible for benefits on the basis of wages for services in an instructional, research, or principal administrative capacity performed for an educational institution (including services performed while in the employ of an educational service agency) during the period between 2 successive academic years or terms, during a paid sabbatical leave, or during an established and customary vacation period or holiday recess if the individual performed those services immediately before the period or recess and there is a reasonable assurance that the individual will perform those services after the period or recess.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning unemployment insurance.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unemployment Insurance Act is amended by
5 changing Section 612 as follows:
 
6     (820 ILCS 405/612)  (from Ch. 48, par. 442)
7     Sec. 612. Academic Personnel - Ineligibility between
8 academic years or terms.
9     A. Benefits based on wages for services which are
10 employment under the provisions of Sections 211.1, and 211.2,
11 and 302C shall be payable in the same amount, on the same
12 terms, and subject to the same conditions as benefits payable
13 on the basis of wages for other services which are employment
14 under this Act; except that an individual is ineligible for
15 benefits, on the basis of wages for services in an
16 instructional, research, or principal administrative capacity
17 performed:
18         1. For an educational institution, for any week that
19     begins during the period between 2 successive academic
20     years or terms (or, when an agreement provides instead for
21     a similar period between 2 regular but not successive
22     terms, during that period) or during a period of paid
23     sabbatical leave provided for in the individual's

 

 

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1     contract, if the individual performs those services in the
2     first of the academic years (or terms) and there is a
3     contract or reasonable assurance that the individual will
4     perform services in any such capacity for any educational
5     institution, in the second of those academic years or
6     terms.
7         2. For an educational institution, for any week that
8     begins during an established and customary vacation period
9     or holiday recess, if the individual performs those
10     services in the period immediately before the vacation
11     period or holiday recess and there is a reasonable
12     assurance that the individual will perform those services
13     in the period immediately following the vacation period or
14     holiday recess.
15         3. In an educational institution, while in the employ
16     of an educational service agency for any week: (i) during a
17     period between 2 successive academic years or terms, if the
18     individual performed those services in the first of those
19     academic years or terms and there is a reasonable assurance
20     that the individual will perform those services in the
21     second of those academic years or terms; and (ii) during an
22     established and customary vacation period or holiday
23     recess, if the individual performed those services in the
24     period immediately before the vacation period or holiday
25     recess and there is a reasonable assurance that the
26     individual will perform those services in the period

 

 

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1     immediately following the vacation period or holiday
2     recess. As used in this Section, "educational service
3     agency" means a governmental agency or governmental entity
4     that is established and operated exclusively for the
5     purpose of providing such service to one or more
6     educational institutions.
7 : 1. an individual shall be ineligible for benefits, on the
8 basis of wages for employment in an instructional, research, or
9 principal administrative capacity performed for an institution
10 of higher education, for any week which begins during the
11 period between two successive academic years, or during a
12 similar period between two regular terms, whether or not
13 successive, or during a period of paid sabbatical leave
14 provided for in the individual's contract, if the individual
15 has a contract or contracts to perform services in any such
16 capacity for any institution or institutions of higher
17 education for both such academic years or both such terms.
18     This paragraph 1 shall apply with respect to any week which
19 begins prior to January 1, 1978.
20         2. An individual shall be ineligible for benefits, on
21     the basis of wages for service in employment in any
22     capacity other than those referred to in paragraph 1,
23     performed for an institution of higher learning, for any
24     week which begins after September 30, 1983, during a period
25     between two successive academic years or terms, if the
26     individual performed such service in the first of such

 

 

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1     academic years or terms and there is a reasonable assurance
2     that the individual will perform such service in the second
3     of such academic years or terms.
4         3. An individual shall be ineligible for benefits, on
5     the basis of wages for service in employment in any
6     capacity other than those referred to in paragraph 1,
7     performed for an institution of higher education, for any
8     week which begins after January 5, 1985, during an
9     established and customary vacation period or holiday
10     recess, if the individual performed such service in the
11     period immediately before such vacation period or holiday
12     recess and there is a reasonable assurance that the
13     individual will perform such service in the period
14     immediately following such vacation period or holiday
15     recess.
16     B. Benefits based on wages for services which are
17 employment under the provisions of Sections 211.1 and 211.2
18 shall be payable in the same amount, on the same terms, and
19 subject to the same conditions, as benefits payable on the
20 basis of wages for other services which are employment under
21 this Act, except that: 1. an individual shall be ineligible for
22 benefits, on the basis of wages for service in employment in an
23 instructional, research, or principal administrative capacity
24 performed for an educational institution, for any week which
25 begins after December 31, 1977, during a period between two
26 successive academic years, or during a similar period between

 

 

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1 two regular terms, whether or not successive, or during a
2 period of paid sabbatical leave provided for in the
3 individual's contract, if the individual performed such
4 service in the first of such academic years (or terms) and if
5 there is a contract or a reasonable assurance that the
6 individual will perform service in any such capacity for any
7 educational institution in the second of such academic years
8 (or terms).
9         2. An individual shall be ineligible for benefits, on
10     the basis of wages for service in employment in any
11     capacity other than those referred to in paragraph 1,
12     performed for an educational institution, for any week
13     which begins after December 31, 1977, during a period
14     between two successive academic years or terms, if the
15     individual performed such service in the first of such
16     academic years or terms and there is a reasonable assurance
17     that the individual will perform such service in the second
18     of such academic years or terms.
19         3. An individual shall be ineligible for benefits, on
20     the basis of wages for service in employment in any
21     capacity performed for an educational institution, for any
22     week which begins after January 5, 1985, during an
23     established and customary vacation period or holiday
24     recess, if the individual performed such service in the
25     period immediately before such vacation period or holiday
26     recess and there is a reasonable assurance that the

 

 

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1     individual will perform such service in the period
2     immediately following such vacation period or holiday
3     recess.
4         4. An individual shall be ineligible for benefits on
5     the basis of wages for service in employment in any
6     capacity performed in an educational institution while in
7     the employ of an educational service agency for any week
8     which begins after January 5, 1985, (a) during a period
9     between two successive academic years or terms, if the
10     individual performed such service in the first of such
11     academic years or terms and there is a reasonable assurance
12     that the individual will perform such service in the second
13     of such academic years or terms; and (b) during an
14     established and customary vacation period or holiday
15     recess, if the individual performed such service in the
16     period immediately before such vacation period or holiday
17     recess and there is a reasonable assurance that the
18     individual will perform such service in the period
19     immediately following such vacation period or holiday
20     recess. The term "educational service agency" means a
21     governmental agency or governmental entity which is
22     established and operated exclusively for the purpose of
23     providing such services to one or more educational
24     institutions.
25     C. 1. If benefits are denied to any individual under the
26 provisions of paragraph 2 of either subsection A or B of this

 

 

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1 Section for any week which begins on or after September 3, 1982
2 and such individual is not offered a bona fide opportunity to
3 perform such services for the educational institution for the
4 second of such academic years or terms, such individual shall
5 be entitled to a retroactive payment of benefits for each week
6 for which the individual filed a timely claim for benefits as
7 determined by the rules and regulations issued by the Director
8 for the filing of claims for benefits, provided that such
9 benefits were denied solely because of the provisions of
10 paragraph 2 of either subsection A or B of this Section.
11     2. If benefits on the basis of wages for service in
12 employment in other than an instructional, research, or
13 principal administrative capacity performed in an educational
14 institution while in the employ of an educational service
15 agency are denied to any individual under the provisions of
16 subparagraph (a) of paragraph 4 of subsection B and such
17 individual is not offered a bona fide opportunity to perform
18 such services in an educational institution while in the employ
19 of an educational service agency for the second of such
20 academic years or terms, such individual shall be entitled to a
21 retroactive payment of benefits for each week for which the
22 individual filed a timely claim for benefits as determined by
23 the rules and regulations issued by the Director for the filing
24 of claims for benefits, provided that such benefits were denied
25 solely because of subparagraph (a) of paragraph 4 of subsection
26 B of this Section.

 

 

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1 (Source: P.A. 87-1178.)